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Subject: Florida 14-day notice on fines
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Author Messages
RC4
(Florida)

Posts:3


03/11/2020 11:54 AM  
After reading F.S. 720, specifically regarding the 14 day notice requirement on fines, I am unclear as to when that 14 day clock begins ticking. When we send a formal violation notice we give a due date for the violation to be corrected. Does the 14 day clock begin on that due date, or when the violation notice is sent, or at some other point?
We have never found it necessary to actually impose a fine on a property owner, but now have some issues with a few owners ignoring deed restrictions and reminders/warnings.
I am hoping to receive responses from people with knowledge/experience in Florida.... THANKS!
SheliaH
(Indiana)

Posts:3063


03/11/2020 12:30 PM  
Maybe this article will help - https://www.theledger.com/news/20180601/enforcing-community-association-rules-by-imposing-fines. If not, talk to the association attorney (you should already be doing that to ensure your policy complies with state law).

That said, I think it's best to count from the letter date because you really don't know for certain when the homeowner will read it. It might show up the next day, but what if the homeowner's out of town. So, if a letter was mailed today (March 11), the 14 days would be up on March 25 if you're including weekend days, otherwise March 31. Personally, I'd toss Sunday because there's no mail delivery that day.

You'll also have to factor in an extra day if the due date lands on a holiday where there is no mail, such as Memorial Day. P
GeorgeS21
(Florida)

Posts:2338


03/11/2020 1:49 PM  
RC4,

My FS 720 POA has begun fining.

After the Board levies the fine, our property manager confirms the minutes are accurate wrt the fines, then starts processing the letters. Once mailed we allow 3 days for delivery, then add 14 days to that, then schedule after that date for the Fines Committee meeting for that cycle of fines.

We were advised by our experienced HOA attorney to have the Fines Committee meet regardless of whether anyone protested and asked to meet the committee. The fines committee votes to approve or disapprove of all fines.

The Board then imposes the fine at the next Board meeting.
GenoS
(Florida)

Posts:3685


03/11/2020 2:16 PM  
Thank you, George! You saved me a lot of typing. I think that's the way to do it.
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